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NOTABLE JUDGEMENTS OCTOBER 2025
ARBITRATION LAW
- Case Title: Chakardhari Sureka Vs. Prem Lata Sureka Through Spa & Ors.
Citation: 2025 LiveLaw (SC) 919
Court: Supreme Court of India
Decided on: 15.09.2025
Brief Facts:
- An arbitral award was passed against the Respondents.
- The Respondents filed objections under Section 34 of the Arbitration and Conciliation Act, 1996, which were rejected.
- The Respondents preferred an appeal under Section 37 of the Act against the rejection.
- Meanwhile, the decree-holder put the award into execution before the High Court of Delhi.
- By order dated 09.05.2025, the High Court adjourned the execution proceedings on the ground that the Section 37 appeal was pending.
Issues:
- Whether the Execution Court can defer execution proceedings of an arbitral award merely because an appeal under Section 37 is pending against the rejection of objections under Section 34, in the absence of any stay order against the award.
Judgement:
The Supreme Court held that:
- Since the Section 34 petition had been dismissed and no interim stay order had been granted in the pending Section 37 appeal, the award remained enforceable.
- The Execution Court ought not to defer consideration of the execution application merely on the ground of pendency of the Section 37 appeal.
- Questions regarding executability of the award can, however, be addressed by the Execution Court in accordance with law, if objections are raised.
- The Court directed that, subject to any interim order in the pending Section 37 appeal, the Execution Court is free to proceed with execution of the award in accordance with law, after giving due hearing to the parties. The appeal was accordingly disposed of with these observations. [Click Here]
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